FAQ: Is my case hurt if I wasn’t wearing a personal flotation device?

Many times defense attorneys and claims handlers attempt to point the finger or shift blame on injury claims to minimize what they have to pay out in damages. This often takes shape when the other side contends that you were not doing something you could have done to protect yourself when the incident occurred, e.g. wearing a personal flotation device. As a result, you were more injured than you should have been, or would have been otherwise. In auto accidents, insurance companies use a similar argument with regards to seat belts. However, the circumstances surrounding this depend on the facts of the case and the injury. Obviously, if the incident that caused your injury could not have been prevented by wearing a flotation device, there is no need to worry. Likewise, if the injury could have been prevented by the device, or could have been drastically minimized by wearing the device, the argument probably does hold water, but does not mean you will lose your case. This is why it is vital to speak to a personal injury lawyer as soon as possible when you have been injured.